The central legal point established in the judgment is the importance of reliable and consistent evidence in establishing guilt beyond a reasonable doubt.

SIDDHARTHA CHATTOPADHYAY, J.

1. Challenging the legal pregnability of the judgment and order of conviction passed by the learned Sessions Judge, Port Blair in connection with Sessions Trial No. 11/2010, the appellant has preferred this appeal.

2. Factual scenario as emerged is such that one Ramjan Ram had a friendship with the victim for about 15 years and on the day of Diwali celebration they had taken their meal. After having their meals they proceeded towards Balu Dera from Campbell Bay market. On the way they took betel leaf and when they reached near the house of the appellant, one Surender, a worker of Rajesh, who is a frequent visitor in the house of the appellant, picked up quarrel with them on trifling issues. Thereafter, there was jostling by and between the parties. Seeing them, jostling with each other the appellant brought a piece of wood in his hand and assaulted the victim on his head and for which the victim suffered severe injury on his head. Thereafter, the defecto complainant informed the incident to the brother of the victim and with the help of the police the victim was taken to hospital. After seven days the victim breathed his last.

3. Soon after the registration of FIR, the Investigating Officer has taken up investigation. In course of investigation the Investigating officer has recorded the statements of the witnesses under Section 161 of Cr. P.C, recovered the offending weapon leading to the statement of the appellant and thereafter charge sheet was submitted under Section 302/34 of IPC against the appellant.

4. To substantiate the charge under Section 302/34 of IPC, the prosecution has produced 12 witnesses from their gallery.

5. Now we should have a look upon the evidence of the PW 1. According to him, on the aforesaid day and time when he himself and the victim were proceeding towards their house they found one Surender standing by the side of the road with a bicycle and there was jostling by and between the parties. Watching that jostling, suddenly the appellant came to the spot with a wooden stick in his hand and assaulted the victim by that wooden stick. According to him when the victim fell down he went to the house of the victim's brother by his cycle and reported him about the incident. The victim's brother Kamal came to the spot with the scooter and he intimated the incident to the police over telephone. The victim was taken to the hospital and defecto complainant came back to his house. At or about 9.30 p.m police come to his house and he narrated the incident and his statement was recorded by the Investigating Officer, which is treated as FIR. In course of cross-examination he stated that there was little clash with Surender who is another accused of this case. It was suggested to him that due to jostling the victim fell down and as a result he sustained bleeding injuries on his head, but he turned down the said suggestion. In his cross-examination he specifically stated that the incident took place at or about 2.00 p.m whereas in his examination-in-chief he stated that at 2.00 p.m they had been to Campbell Bay market. They proceeded towards Balu Dera at or about 4.00 p.m FIR speaks that the incident took place at or about 4.00 p.m Therefore, so far as time of offence is concerned, I find contradictory statement from this PW 1. It appears from the deposition sheet that the defecto complainant is an unlettered person so some latitude can be given to him.

6. PW 2 is the elder brother of the victim, who got the information of the incident from PW 1. According to him on the day of Diwali (24.10.2003) at or about 4.40 to 5.00 p.m the defecto complainant came to his house and reported the incident. He rushed to the spot and found the victim lying on the road. He found bleeding injuries on the head of the victim. He requested Auto Rickshaw drivers to take the victim to the hospital but they refused. But one such Auto Rickshaw driver agreed and took them to the hospital. He specifically stated